Los Angeles daily herald., 1887-03-22
PROCLAMATION! /!
STA n OF CALIFORNIA. }
EXECUTIVE DEPARTMENT, Z
QAcRAMFNIo. March Is. 1887.

STA OF CALIFORNIA.
EXECUTIVE DEPARTMENT,
SACRAMENTO, March ID, lSS7.)
WHEREAS, the Legislature OF the State of
California, at its twenty y-seventh session. be-
ginning on the third day of January, A. ID.
eighteen hundred and eighty-seven, two
thirds of all the members elected to esch of
the two Houses of laid Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution of
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
of California, as Its regular session. COM
mencing on the third day of January, A. ID,
eighteen hundred and eighty. seven, two.
thirds of all the member elected to each of
the Houses OF said Legislature voiing in ia
yor thereof, hereby propose that sections
two aud three of article vi. of the Constitu-
tion of said Sta.e be amended to read as
follows
Section O. The Supreme Court shall con-
s,st of seven Justices. The Associate JUS
tices of the Supreme Court, in Office at the
time of the adoption of this amendment to
the Constitution are hereby continued IN
office as Justices OF the supreme Court for
the remainder of the terms to which they
were respectively elecred. The Justices
shall elect one Of their number to be Chief
Justice, and he shall hold the office OF Chief
Jus ice OF said court for term OF two
years AT the expiration OF the term OF tne
wears thereafter the Justices shall elect
Chief Justsce for a like term of two years.
An entry of the eieciion OF such Chief Jus
tice shall be made in the minutes Of the
court and signed by four Justices When
ever thereafter vacancy occurs in the of
fee of Chief Justice, like ele elton shall
| be had to lll such office for the unexpired
| term 1he Supreme Court may sit in de-
| partments or in bank, and shall always be
| omen for the transaction of business There
sna be two departments, denominated. re
| spectively, Department One and department
| Two. The Chief Justice shall assign three
OF the Justices to each department, ana ana
from time to time. The Justices shall be
| com petent to sit in either department, and
may intercn mango WITH each other by agree
ment among themselves or as ordered by
the Chief Justice. Each OF the departments
| S hall have the power to hear and determine
| causes aud all questions arising therein,
| subject to the provisions hereinafter con-
| tained in relation to the Court in bank. The
| pres ence of three Justices shall be necessary
| to transact any business in either of the de.
partments, except such as may be done at
| chambers, and the concurrence OF two Jus
| tices shall be necessary to pronounce a
| judgment. The Chief Justice shall apporiion
| the business to the departments and m y,
| in his discretion. order any cause pendinV
| before the Court to be heard and decided by
the Court in bank. The order may be made
before or after Judgment pronounced by a
department; but wDere cause has been al
lotted to one of the departments, and a judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg.
ment and concurred in by twoJ Justices, and ii
| so made it shall have the effect to vacste and
set aside the judgment. Any four Justices
may, eth before or after judgment by q
department., Order II case 10 be heard II
bank. If the order be not made wit in the
time above limited, the judgment shall be
final No judgment by a department shall
become final until the expiration of tht
period of thirty davs aforesaid, unless ap
proved by the Chief Justice. Ia writing
with the concurrence OF two Justices. The
Chief Justice may convene the Court ii
hank at any time. and shall be the presiding
Justice of the Courtwhen so convened. Th'
concurrence of four Justices present at thu
, argument shall be necessary to pronounce
} Judgment in bank; but il four Justices, 81
present. do not concur in judgment, thei
all the Justices qualified to sit in the caus'
J snail hesr the argument; but 10 render
i Judgment a concurrence of four Judge
. shall be necessary. In the determination
of causes ell decisions OF the Court II
bank, or in Departments, shall be givei
in writing and the grounds of the decision
, shall be stated. The Chief Justice may 81
, in either department. and shall presid
when so sitting, but the Justices assigned
} TO each department shall select one of thei
: number SIS presiding Justice. In case 0
the absence Of the Chief Justice from tn
: pl ce at which the court is held, or his ina
: bility to act, the Associate Justices shall sc
r lect one of the own number 10 perforr
. the duties and exercise the powers of th
Chief Justic. during such absence or ina
bility to act. The supreme Conrt Commits
lion, created by the act of the Legislator
3 | approved March twelfth, eighteen hundre
and eighty-fve. shall continu and be Su
preme Court Commission for four years al
e ter the adoption OF this amendment. Sal
commission may be continued for suc
: passed by vote of two'thirds of NEGLECTED
: members OF each House of the Legislatu' e
and approved by the Governor. The mem
b RS thereof and Secretary shall be ap
pointed as in said act provided; and suci
commissioners shall be subject to remova
D in like manner as the Judges of the Su
preme Court Said commissi on hall have
The same power to hear and determine
causes possessed by department of th
: Supreme Court, and causes may be assigned
to The commission in the same manner the.
, are assigned to a department., and after de
: cison they may be oroerec heard in banl
D in the same way, and with like restriction
2 | as il deci ed in department. The judg
.
|, as the judgments Of the court. The com
I mission shall sit at snch times and places a
8 may be designated by the conrt, but sucl
s comm issioners shall not exercise an
!, judicial functions except when assem-
bled as commission, and then the
Q shall only have power to hear and deter
' mine such causes as may have been assignee
to rhem.
Section 8. The Justices of the Suprem
. Court shall be elected by the qualifie'
D electors OF the State at large, at the genera
!. Stare elections and the times and places a
which State officers are elected; and tn
3 term of office shall be twelve years fron
aud after the first Monday alter the frs
q day of January next succeeding their eleC
ton. Three Justices shall be elected TO
the full term at the general State election
: held in eighteen hundred and ninety; sn6
( at the general election held every fourtl
year thereafter two Justices shall be elect
ed for full terms of twelve years, excep
that in every twelfth year thereafter, thre
' Justices hall be elected for full terms. l
the Chief Justice, or any Ju tice, become
perm snently disqualified, either mental,
: or ply sically, to perform the duties of hi
( office, and such fact is certified to the Gov
ernor by five Justices, one of whom may b.
, the Chief Justice in case OF the disability o
Justice the Office Of such di-qualitief
+ person becomes Immediately vacant. and
) he shall be paid q retiring salary of tw,
hundred and fifty (250) dollars per montf
for the remainder of his term. II vacanc,
exist or occur in the office of Justice, thu
Governor shall appoint person to hO'd tn,
, office for the remainder of the unexpiret
, term. The Governor shall appoint justice
to hold Office as Justice for the unexpiret
term of the late Chief Justice.
AMENDMENT NUMBER TWO.
To propose to the people of the State al
| amendment to the Constitution of tn,
Gtofa ralafiya tO the salaries nf th.